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Court no-show lands firm with penalty
Page 31
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A OPERATOR based in London has been ordered to pay a penalty of nearly £3,000 for overloading offences after failing to turn up in court to answer charges levelled against the firm.
Ace Haulage of Hardinge Road NW10 was told by Uxbridge Magistrates that it will have to pay fines and costs totalling £2,915. The company, which had pleaded not guilty, had been charged with using a vehicle when its permitted gross weight was exceeded.
The driver of the vehicle, Edward Bellot from Harlesden, had pleaded guilty at an earlier hearing. He was fined £360 and ordered to pay costs of £160.
Prosecuting for Vosa, Jacqueline Devonish said that while undertaking a journey from Wembley to Feltham, the waste haulage vehicle involved had been subject to a roadside check.
When weighed, the vehicle was discovered to be carrying a load 30% in excess of that authorised by the ministry plate.
Case law had established that using an overweight vehicle was an absolute offence.
The only defence was to prove the vehicle was either being driven to or from a weighbridge in order to confirm its weight and remove any excess should it be found to be over.
Bellot had said he was not on his way to or from a weighbridge.
It was an extremely serious offence to be overloaded to that extent, being both a danger to the driver and to other road users, said Devonish.
The company was fined 12,000, as well as being ordered to pay prosecution costs of £900 and a £15 victim surcharge.